DWI/DUI/OUI - Drunk Driving Laws And Attorneys In Missouri
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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Missouri's implied consent law requires a driver to submit to a chemical
test when requested by a law enforcement officer. If a police officer
stops you and you refuse to take a chemical test to determine your BAC,
your driver license will be taken away for one year.
Administrative Actions For Driving Under The Influence
If your Blood Alcohol Concentration (BAC) level is .08% or more (or for
minors .02% or more), the officer will take your license away and give
you a notice. This notice tells you that your license will be suspended or
revoked (and you will not be able to legally drive) after 15 days. The
notice includes a 15-day driving permit that you can use if the officer
indicates this on the notice. The notice also includes a form that allows
you to request a hearing. If you are given a hearing, you may continue to
legally drive until 15 days after a decision is mailed to you. There are
two types of actions that may be taken against you for driving when you
are not fit to drive. There are administrative actions and court convicted
actions, which carry different penalties. Below are the administrative
actions that you can expect to face if you are arrested for driving under
the influence of alcohol.
License Suspension 1st Offense - 30 day suspension, followed by a 60-
day restricted driving privilege
Reinstatement Of Drivers License For First Offense - Pay a $45 fee,
attend a Substance Abuse Traffic Offender Program (SATOP) or
comparable program and provide proof of insurance for 2 years.
License Suspension 2nd Offense - 1 year suspension
Reinstatement Of Drivers License For First Offense - Pay a $45 fee,
attend a Substance Abuse Traffic Offender Program (SATOP) or
comparable program and provide proof of insurance for 2 years and
pass the written and driving tests.
Court Convicted Actions
If you receive a ticket and a judge finds you guilty of Driving While
Intoxicated (DWI) or Blood Alcohol Concentration (BAC) of .08% or more,
you will not be able to legally drive after the ticket is sent to the
department. Your license will be suspended, revoked, or denied based
on your past driving record and the points added to your record. You will
be notified by mail when you must stop driving. Below shows the
consequences of a court convicted action like DWI or BAC:
BAC Of .08 Or More: (DWI)
First Offense ( Class B Misdemeanor) - Up to six months and jail and
up to a $500 fine. Also a 30 day license suspension, followed by a 60-
day restricted driving privilege.
Second Offense ( Class A Misdemeanor) - Up to one year in jail and up
to a $1000 fine. You will also have a 1 year drivers license suspension.
Note: If you are convicted of a 2nd DWI within 5 years, you will face a 5
year license denial.
Penalties are much harder on a 3rd DWI offense which you face up to 4
years in jail, up to a $5,000 fine, and a 10 year license denial.
A Fourth DWI conviction will spend up to 7 years in jail, pay up to a
$5,000 fine. A Fifth DWI conviction can land you in jail between 5 and 15
years.
If you are younger than 21 years of age, your driver license may be
taken away for 90 days for any alcohol-related traffic offense or if you
possess or use alcohol while driving a vehicle or if you are under 18
years of age and possess or use alcohol and are charged with a
second offense.
Ignition Interlock Device
An ignition interlock is a hand-held breath-testing device that is hooked
to the vehicle's ignition, horn, and headlights. A court may make you
install the device if you have been convicted of DWI one time. A court
must require you to install the device if you are convicted of DWI more
than once. The device must be put on any vehicle you use, and you must
pay for having the device put on the vehicle and for having it checked
every month to make sure it is working properly. You must breathe into
the device to test for alcohol each time you drive the vehicle. If you do not
follow the judge’s order, your driver license may be taken away for one
year. A second offense requires your driver license to be taken away for
5 years.
Commercial Motor Vehicle (CMV) Operators
Face a 1 Year Disqualification for driving a CMV with a BAC of 0.04% or
higher. Limited Driving Privileges (LDP) will not be issued to operate a
CMV during any period of suspension, revocation, cancellation, or
disqualification.
Limited Driving Privileges
If you have been revoked, you are not eligible for any type of driving
privilege.
If you have been suspended, you must serve the first 30 days of your
suspension without driving. After the first 30 days, you may receive a 60-
day Restricted Driving Permit for work, school, and to attend an alcohol
education/treatment program. You do not have to apply for this permit.
One may be issued to you after you file an SR-22 with our office, if you
are otherwise eligible. The SR-22 is not required for minors suspended
for testing .020% or more.
If you have been suspended, you also have a second option. You may
apply for a Limited Driving Privilege (LDP). You must serve the first 30
days of your suspension without driving. After the first 30 days, you can
apply for the LDP. The LDP can be used for work, your alcohol program,
medical treatment, school, etc. A person cannot obtain an LDP to drive a
commercial motor vehicle.
NOTE: Only one LDP can be given to you in a 5-year period. Therefore, if
you only need to drive to and from work, school, and/or an alcohol
education/treatment program, you may choose to continue driving on
your restricted driving privilege instead of applying for an LDP.
test when requested by a law enforcement officer. If a police officer
stops you and you refuse to take a chemical test to determine your BAC,
your driver license will be taken away for one year.
Administrative Actions For Driving Under The Influence
If your Blood Alcohol Concentration (BAC) level is .08% or more (or for
minors .02% or more), the officer will take your license away and give
you a notice. This notice tells you that your license will be suspended or
revoked (and you will not be able to legally drive) after 15 days. The
notice includes a 15-day driving permit that you can use if the officer
indicates this on the notice. The notice also includes a form that allows
you to request a hearing. If you are given a hearing, you may continue to
legally drive until 15 days after a decision is mailed to you. There are
two types of actions that may be taken against you for driving when you
are not fit to drive. There are administrative actions and court convicted
actions, which carry different penalties. Below are the administrative
actions that you can expect to face if you are arrested for driving under
the influence of alcohol.
License Suspension 1st Offense - 30 day suspension, followed by a 60-
day restricted driving privilege
Reinstatement Of Drivers License For First Offense - Pay a $45 fee,
attend a Substance Abuse Traffic Offender Program (SATOP) or
comparable program and provide proof of insurance for 2 years.
License Suspension 2nd Offense - 1 year suspension
Reinstatement Of Drivers License For First Offense - Pay a $45 fee,
attend a Substance Abuse Traffic Offender Program (SATOP) or
comparable program and provide proof of insurance for 2 years and
pass the written and driving tests.
Court Convicted Actions
If you receive a ticket and a judge finds you guilty of Driving While
Intoxicated (DWI) or Blood Alcohol Concentration (BAC) of .08% or more,
you will not be able to legally drive after the ticket is sent to the
department. Your license will be suspended, revoked, or denied based
on your past driving record and the points added to your record. You will
be notified by mail when you must stop driving. Below shows the
consequences of a court convicted action like DWI or BAC:
BAC Of .08 Or More: (DWI)
First Offense ( Class B Misdemeanor) - Up to six months and jail and
up to a $500 fine. Also a 30 day license suspension, followed by a 60-
day restricted driving privilege.
Second Offense ( Class A Misdemeanor) - Up to one year in jail and up
to a $1000 fine. You will also have a 1 year drivers license suspension.
Note: If you are convicted of a 2nd DWI within 5 years, you will face a 5
year license denial.
Penalties are much harder on a 3rd DWI offense which you face up to 4
years in jail, up to a $5,000 fine, and a 10 year license denial.
A Fourth DWI conviction will spend up to 7 years in jail, pay up to a
$5,000 fine. A Fifth DWI conviction can land you in jail between 5 and 15
years.
If you are younger than 21 years of age, your driver license may be
taken away for 90 days for any alcohol-related traffic offense or if you
possess or use alcohol while driving a vehicle or if you are under 18
years of age and possess or use alcohol and are charged with a
second offense.
Ignition Interlock Device
An ignition interlock is a hand-held breath-testing device that is hooked
to the vehicle's ignition, horn, and headlights. A court may make you
install the device if you have been convicted of DWI one time. A court
must require you to install the device if you are convicted of DWI more
than once. The device must be put on any vehicle you use, and you must
pay for having the device put on the vehicle and for having it checked
every month to make sure it is working properly. You must breathe into
the device to test for alcohol each time you drive the vehicle. If you do not
follow the judge’s order, your driver license may be taken away for one
year. A second offense requires your driver license to be taken away for
5 years.
Commercial Motor Vehicle (CMV) Operators
Face a 1 Year Disqualification for driving a CMV with a BAC of 0.04% or
higher. Limited Driving Privileges (LDP) will not be issued to operate a
CMV during any period of suspension, revocation, cancellation, or
disqualification.
Limited Driving Privileges
If you have been revoked, you are not eligible for any type of driving
privilege.
If you have been suspended, you must serve the first 30 days of your
suspension without driving. After the first 30 days, you may receive a 60-
day Restricted Driving Permit for work, school, and to attend an alcohol
education/treatment program. You do not have to apply for this permit.
One may be issued to you after you file an SR-22 with our office, if you
are otherwise eligible. The SR-22 is not required for minors suspended
for testing .020% or more.
If you have been suspended, you also have a second option. You may
apply for a Limited Driving Privilege (LDP). You must serve the first 30
days of your suspension without driving. After the first 30 days, you can
apply for the LDP. The LDP can be used for work, your alcohol program,
medical treatment, school, etc. A person cannot obtain an LDP to drive a
commercial motor vehicle.
NOTE: Only one LDP can be given to you in a 5-year period. Therefore, if
you only need to drive to and from work, school, and/or an alcohol
education/treatment program, you may choose to continue driving on
your restricted driving privilege instead of applying for an LDP.
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